Best Practices for Serving English Language Learners and ...
SERVING ENGLISH LANGUAGE LEARNERS AND FAMILIES · 2018-06-03 · serving english language learners...
Transcript of SERVING ENGLISH LANGUAGE LEARNERS AND FAMILIES · 2018-06-03 · serving english language learners...
SERVING ENGLISH LANGUAGE LEARNERS AND FAMILIES
PRESENTERS: CAROLYN SEUGLING AND MARIANNA VINSON
2015 PROJECT DIRECTORS MEETING
U.S. DEPARTMENT OF EDUCATION, CHARTER SCHOOL PROGRAM
March 2015 2
Welcome and Introductions
Context
Review of Data on ELs and ELs in Charter Schools
Overview of the Guidance, Fact Sheets, and Civil
Rights Data Collection
Introduction to Toolkit
Q&A
Agenda
March 2015 3
Presenters
Carolyn Seugling U.S. Department of
Education, Attorney in the Office for Civil Rights
Marianna Vinson U.S. Department of Education, Deputy
Director of the Office of English Language
Acquisition
March 2015 4
Welcome and Introductions
Context Review of Data on ELs and ELs in Charter Schools
Overview of the Guidance, Fact Sheets, and Civil
Rights Data Collection
Introduction to Toolkit
Q&A
Agenda
March 2015 5
ELs constitute one of the fastest growing demographic groups among school children in the U.S.
Federal laws and statutes provide legal framework governing the education of ELs in public schools
Charter schools are required to follow these laws and statues
Recently published ED and DoJ guidance and resources provide insight into charter schools’ obligations towards ELs and their families
Context
March 2015 6
Welcome and Introductions
Context
Review of Data on ELs and ELs in Charter
Schools Overview of the Guidance, Fact Sheets, and Civil
Rights Data Collection
Introduction to Toolkit
Q&A
Agenda
March 2015 7
This presentation provides general information and does not represent a complete recitation of the applicable law and ED or DoJ policy in this area. It does not provide specific determinations of compliance, which depend on specific facts and are evaluated on a case-by-case basis. The language used in these slides is approved for purposes of this presentation only and should not be used for other purposes.
Disclaimer
8 March 2015
Source: U.S. Department of Education, 2008-10 Biennial Report to Congress and EDFacts/Consolidated State Performance Reports, SYs 2010-11, 2011-12, and 2012-13
Number of K-12 English Learners SY 2002-2013
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UNACCOMPANIED CHILDREN RELEASED TO SPONSORS BETWEEN OCTOBER 2013 AND DECEMBER 2014, BY STATE
Source: U.S. Department of Health and Human Services, Office of Refugee Resettlement, retrieved 2/23/15 from http://www.acf.hhs.gov/programs/orr/unaccompanied-chilren-released-to-sponsors-by-state.
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UNACCOMPANIED CHILDREN RELEASED TO SPONSORS BY COUNTY, OCTOBER 2013 TO DECEMBER 2014
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Source: U.S. Department of Health and Human Services, Office of Refugee Resettlement, Retrieved 2/23/15 http://www.acf.hhs.gov/programs/orr/unaccompanied-chilren-released-to-sponsors-by-county.
0215
11 March 2015
Percentage Change in Number of ELs SYs 2004-05 to 2011-12
Source: EDFacts/Consolidated State Performance Reports, 2004-05 to 2011-12. Retrieved from http://www2.ed.gov/admins/lead/account/consolidated/index.html Updated 1.15.15
12 March 2015
English Learners Demographics
49 million students 5 million students
13 March 2015
NAEP Grade 8 Reading Scores for ELs and Non-ELs: 2003-2013
Source: U.S. Department of Education, Institute of Education Sciences, National Center for Education Statistics, National Assessment of Educational Progress (NAEP), 2003, 2005, 2007, 2009, 2011, and 2013 Reading Assessments.
14 March 2015
NAEP Grade 8 Mathematics Scores for ELs and Non-ELs: 2003-2013
Source: U.S. Department of Education, Institute of Education Sciences, National Center for Education Statistics, National Assessment of Educational Progress (NAEP), 2003, 2005, 2007, 2009, 2011, and 2013 Mathematics Assessments.
15 March 2015
Source: Stetser, M.C., and Stillwell, R. (2014). Public High School Four-Year On-Time Graduation Rates and Event Dropout Rates: School Years 2010-11 and 2011-12. First Look (NCES 2014-391). U.S. Department of Education. Washington, DC: National Center for Education Statistics.
High School Graduation Rates by Student Group
16 March 2015
Number of Charter Schools, by State, Including DC: SY 2011-12
Source: U.S. Department of Education Office for Civil Rights, Civil Rights Data Collection. Released March 2014. Retrieved from www.ocrdata.ed.gov Jan 2015
17 March 2015
Number of ELs in Charter Schools, by State, Including DC: SY 2011-12
Source: U.S. Department of Education Office for Civil Rights, Civil Rights Data Collection. Released March 2014. Retrieved from www.ocrdata.ed.gov Jan 2015
18 March 2015
States with the Largest Numbers of EL Charter School Students: SY 2011-12
Number of Charter Schools
Number of Charter School Students
Number of ELs in Charter Schools
Percentage of Charter School Students who Were ELs
California 899 392,149 72,655 18.5%
Texas 522 173,143 31,215 18.0%
Florida 514 181,051 14,616 8.1%
Michigan 285 115,118 7,959 6.9%
Arizona 465 139,544 7,836 5.6%
Colorado 170 81,921 7,092 8.7%
Georgia 138 90,606 6,182 6.8%
Minnesota 157 59,880 6,134 10.2%
Illinois 50 49,337 3,955 8.0%
New York 172 62,505 3,278 5.2%
Source: U.S. Department of Education Civil Rights Data Collection. Released March 2014. Retrieved from www.ocrdata.ed.gov Jan 2015
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Welcome and Introductions
Context
Review of Data on ELs and ELs in Charter Schools
Overview of the Guidance, Fact Sheets, and Civil Rights
Data Collection OCR Overview
Joint OCR & DOJ Dear Colleague Letter & Fact Sheets
Introduction to Toolkit
Q&A
Agenda
20 March 2015
OCR Mission & Activities
• Mission: to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.
• Activities: – Complaint investigations – Compliance reviews – Policy guidance – Technical assistance
FOR REFERENCE
21 March 2015
Laws Enforced by OCR
• OCR enforces federal civil rights laws that prohibit discrimination on the basis of: Race, color, national origin Title VI of the Civil Rights Act of 1964
Sex Title IX of the Education Amendments of 1972 Disability Section 504 of the Rehabilitation Act of 1973
Title II of the Americans with Disabilities Act of 1990
Age The Age Discrimination Act of 1975 Patriotic youth group status Boy Scouts of America Equal Access Act
FOR REFERENCE
22 March 2015
The same federal civil rights laws, regulations, and guidance that apply to all public schools also apply to charter schools. These laws extend to all operations of a charter school, including:
• recruiting, admissions, academics, educational services and testing, school climate, disciplinary measures, athletics and other nonacademic and extracurricular services and activities, and accessible buildings and technology.
The Dear Colleague Letter does not summarize the entire body of Federal civil rights laws. The DCL addresses a few subjects that have arisen in the charter schools context:
• Nondiscrimination in admissions • Free appropriate public education for students with disabilities • Affirmative steps for English-language learners • Nondiscrimination in discipline
General Charter School Dear Colleague Letter (DCL) Released by ED on May 7, 2014 Available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201405-charter.pdf
23 March 2015
English Learner Dear Colleague Letter • Jointly Released by ED and DOJ on January 7, 2015 Available:
http://www2.ed.gov/about/offices/list/ocr/ellresources.html
Under Title VI of the Civil Rights Act of 1964 (Title VI) and the Equal Educational Opportunities Act of 1974 (EEOA) Public schools must ensure that EL students can participate meaningfully and equally in educational programs. Guidance is available in multiple languages.
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Overview of EL guidance
– Eliminates confusion between Title VI, EEOA and Title III
– Reminds SEAs, LEAS of their legal obligations to EL
students and parents
– Suggest ways SEAs and School Districts can meet those
obligations
– Discusses the ten most frequent Civil Rights Issues that
arise in the context of EL students and parents
• Purpose of the Guidance
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What Is the Legal Basis for the Guidance? Title VI prohibits recipients of Federal financial assistance from
discriminating on the basis of race, color, or national origin. 42 U.S.C. § 2000d to d-7. The EEOA requires SEAs and school districts to take “appropriate action
to overcome language barriers that impede equal participation by [their] students in [their] instructional programs.” 20 U.S.C. § 1703(f).
Castañeda v. Pickard, 648 F.2d 989 (5th Cir. 1981)
– The educational theory underlying the language assistance program is recognized as sound by some experts in the field or is considered a legitimate experimental strategy;
– The program and practices used by the school system are reasonably calculated to implement effectively the educational theory adopted by the school; and
– The program succeeds, after a legitimate trial, in producing results indicating that students’ language barriers are actually being overcome within a reasonable period of time.
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Audience Question 1
What type of organization do I work at? A. Charter School B. CMO C. SEA D. Other
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Is this Guidance Applicable to Me?
The Guidance Applies to: – SEAs; – LEAs’; and – any “school district” that is a recipient of
Federal financial assistance from ED including: Public School Districts Public Charter Schools Public Alternative Schools
28 March 2015
Ten Main Civil Rights Issues Covered by the EL Guidance
A. Identification and assessment
B. Language assistance program
C. Staffing and supporting an EL program
D. Meaningful access to curricular and extra curricular programs
E. Unnecessary segregation
F. Evaluating EL students for special education & providing special education
G. Opting out of EL programs H. Monitoring and exiting EL
students I. Evaluating the effectiveness
of a program J. Meaningful communication
with LEP parents
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A. Identifying and Assessing Potential EL Students
School districts must have procedures in place to accurately and timely identify potential EL students.
– Home Language Survey
Once identified, school districts must determine if potential EL students are in fact EL through a valid and reliable test:
– Test must asses English language proficiency in: Speaking, listening, reading, and writing
School districts must provide notices within thirty days from the beginning of the school year to all parents.
FOR REFERENCE
30 March 2015
B. Providing Language Assistance to EL Students
EL students are entitled to appropriate language
assistance services to: – become proficient in English; and – participate equally in the standard instructional program
within a reasonable period of time. School districts can choose among EL programs
– Program must meet Castañeda standard , i.e., be educationally sound in theory and effective in practice
– To select an appropriate program consider each EL student’s: English proficiency, grade level, educational background,
language background, and other relevant factors.
FOR REFERENCE
31 March 2015
C. Staffing and Supporting an EL Program
El programs must have sufficient resources to ensure they can be effectively implemented, including: Adequate number of highly qualified EL teachers Support staff Administrators Appropriate instructional materials at appropriate
English proficiency and grade levels Appropriate bilingual materials
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D. Providing Meaningful Access to All Curricular
and Extracurricular Programs EL students must have access to their grade-level curricula
so that they can meet promotion and graduation requirements EL students are entitled to an equal opportunity to
participate in all programs including: Pre-kindergarten Magnet programs Charter schools Gifted and talented programs Career and technical education Arts & Athletics Advanced Placement and International Baccalaureate courses Clubs and Honor Societies
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E. Avoiding Unnecessary Segregation of EL Students
School districts generally may not segregate students on the basis of national origin or EL status. Schools districts and states are expected to
carry out their chosen program in the least segregated manner consistent with achieving the program’s stated educational goals.
FOR REFERENCE
34 March 2015
Avoiding Unnecessary Segregation of EL
Students
OCR considers whether : entry and exit into a segregated EL program model are
voluntary; the program is reasonably designed to provide EL students
comparable access to the standard curriculum; EL students in the program have the same range and level of
extracurricular activities and additional services as do students in other environments; and
whether the district at least annually assesses the English proficiency and appropriate level of language assistance services for its EL students and determines their eligibility to exit from the EL program based on valid and reliable exit criteria.
FOR REFERENCE
35 March 2015
F. Evaluating EL Students for Special
Education and Providing Dual Services EL students with disabilities must be provided with both: Language Assistance and Disability-related services they are entitled to
EL students who may have a disability must be located,
identified and evaluated for special education and disability-related services in a timely manner EL students must be evaluated in an appropriate
language based on the student’s needs and language skills The IEP Team should include participants knowledgeable
about the EL student’s language needs
FOR REFERENCE
36 March 2015
G. Meeting the Needs of Students Who Opt Out
of EL Programs or Particular Services
Parents may choose to opt their children out of a school district’s EL program or out of particular EL services within an EL program.
School districts may not recommend that parents opt out for any reason.
School districts should appropriately document that the parent made a voluntary, informed decision to opt their child out.
Parents are entitled to guidance in a language they can understand about their child’s rights, the range of EL services that their child could receive, and the benefits of such services.
FOR REFERENCE
37 March 2015
Meeting the Needs of Students who Opt Out
of EL Programs or Particular Services A school district must still take steps to provide
opted-out EL students with access to its educational programs, monitor their progress, and offer EL services again if a student is struggling.
FOR REFERENCE
38 March 2015
H. Monitoring and Exiting EL Students from
EL Programs and Services
School districts must monitor the progress of all EL students to ensure they achieve English language proficiency and acquire content knowledge within a reasonable period of time.
Districts must annually administer a valid and reliable English
language proficiency (ELP) assessment, in reading, writing, listening and speaking, that is aligned to State ELP standards.
An EL student must not be exited from EL programs, services, or status until he or she demonstrates English proficiency on an ELP assessment in speaking, listening, reading, and writing.
FOR REFERENCE
39 March 2015
I. Evaluating the Effectiveness of a District’s
EL Program School districts must monitor and compare, over time,
the academic performance of EL students in the program and those who exited the program, relative to that of their never-EL peers;
School districts must evaluate EL programs over time
using accurate data to assess the educational performance of current and former EL students in a comprehensive and reliable way; and School districts must timely modify their programs
when needed.
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J. Ensuring Meaningful Communication with
LEP Parents
LEP parents are entitled: – To meaningful communication with the school in a
language they can understand; and – To adequate notice of information about any
program, service, or activity that is called to the attention of non-LEP parents.
School districts must develop and implement a process for determining: whether parents are limited English proficient; and identifying their language needs.
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K. Ensuring Meaningful Communication with
LEP Parents
Schools must provide translation or interpretation from appropriate and competent individuals who may be on staff or an outside individual.
Schools may not rely on or ask students, siblings, friends, or untrained school staff to translate or interpret for parents.
Language assistance must be free
42 March 2015
Fact Sheets
OCR created two fact sheets: 1. Ensuring English Learner Students Can Participate
Meaningfully and Equally in Educational Programs This fact sheet provides an overview of the joint guidance, but
does not attempt to comprehensively address all of the issues in the guidance.
The fact sheet focuses on the responsibilities of school districts.
2. Information for Limited English Proficient Parents and for Schools and School Districts that Communicate with Them This fact sheet answers common questions about the rights of
parents and guardians who do not speak, listen, read, or write English proficiently because it is not their primary language.
The fact sheets are available in ten languages
43 March 2015
English Learner Students: Statistics from the Civil Rights Data Collection
The Civil Rights Data Collection collected data on nearly 5 million English learners in the 2011-12 SY.
Across the nation, Hispanic students represented most of the EL population (77.7%) and Asian students represented about 11% of EL students. However, the district-level composition of EL students can vary greatly. 11,230 LEAs reported at least one
LEP student enrolled. In 32% of these districts, non-
Hispanic students represented more than 50% of EL students.
Source: Civil Rights Data Collection
44 March 2015
• The 2011-12 CRDC included nearly 97,000 schools.
• 75% of these school reported at
least one English learner enrolled.
• 68% of all public schools reported at least one English learner enrolled in an English Language Instruction Program.
Source: Civil Rights Data Collection
English Learner Students
45 March 2015
Data Collected in the CRDC Enrollment & School Characteristics • Overall Enrollment • Prekindergarten • IDEA and Section 504 • Interscholastic Athletics • Single Sex Classes
Discipline, Bullying & Harassment, Restraint & Seclusion • Corporal punishment • Suspensions: in-school and out-of-school • Expulsions: with & without ed. services,
zero tolerance • Referrals to law enforcement & school-
related arrests • Students subjected to and instances of
mechanical restraint, physical restraint, and seclusion
• Bullying and harassment on the basis of sex, national origin, and disability
College & Career Readiness • Geometry: courses & enrollment • Algebra II: courses & enrollment • Other Advanced Mathematics:
courses & enrollment • Calculus: courses & enrollment • Biology: courses & enrollment • Chemistry: courses & enrollment • Physics: courses & enrollment • AP: Courses, Test-taking, and
Test-Passing • IB Enrollment • SAT/ACT
Staffing & Resources • Teacher Experience • Teacher Absenteeism • Teacher Certification • School Counselors • School-level
Expenditures
Pathways to College & Career • Early Childhood Education • Gifted & Talented • Algebra I Enrollment and
Passing by grade 7 or 8, 9 or 10, 11 or 12
• Student Retention by grade
46 March 2015
Find Data for Your Districts
U. S. Department of Education ~ NASTID Summer Conference 2014
FOR REFERENCE
47 March 2015
New
EL
Rep
ort
FOR REFERENCE
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FOR REFERENCE
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FOR REFERENCE
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FOR REFERENCE
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FOR REFERENCE
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FOR REFERENCE
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FOR REFERENCE
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FOR REFERENCE
55 March 2015
Options for Involving OCR
File a Complaint – A complaint may be filed by mail or fax with
any OCR office or by using OCR’s electronic complaint form at www.ed.gov/ocr/complaintintro.html
Request Technical Assistance from OCR – Contact OCR’s office serving your state by phone or
email with questions, concerns, or requests. – For contact information visit www.ed.gov/ocr or call
OCR’s customer service team at 1-800-421-3481.
March 2015 56
Welcome and Introductions
Context
Review of Data on ELs and ELs in Charter Schools
Overview of the Guidance, Fact Sheets, and Civil
Rights Data Collection
Introduction to Toolkit
Q&A
Agenda
57 March 2015
EL Tool Kit
OELA to create slide
(slide 1/4)
58 March 2015
EL Tool Kit • Tools
(slide 2/4)
59 March 2015
EL Tool Kit • Sample HLS
(slide 3/4)
60 March 2015
EL Tool Kit • RESOURCES
(slide 4/4)
March 2015 61
Welcome and Introductions
Context
Review of Data on ELs and ELs in Charter Schools
Overview of the Guidance, Fact Sheets, and Civil
Rights Data Collection
Introduction to Toolkit
Q&A
Agenda
March 2015 62
Questions &
Answers
March 2015 63
Links to Resources
ED and DoJ Guidance on English Language Learners http://www.justice.gov/crt/about/edu/documents/elsguide.php Tools and Resources for Identifying all ELs http://www2.ed.gov/about/offices/list/oela/eltoolkitchap1.pdf Schools’ Civil Rights Obligations to English Learner Students and Limited English Proficient Parents http://www2.ed.gov/about/offices/list/ocr/ellresources.html NCSRC Report: Legal Guidelines For Educating English Learners In Charter Schools http://www.charterschoolcenter.org/resource/legal-guidelines-educating-english-learners-charter-schools NCSRC Report: Engaging English Learner Families In Charter Schools www.charterschoolcenter.org/resource/engaging-english-learner-families-charter-schools NCSRC EL Case Studies: http://www.charterschoolcenter.org/case-studies/all
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